Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #64 *ARREST*

[MassGuy]

Spy pen, surveillance video, cell phone data discussed in Barry Morphew hearing | FOX21 News Colorado

CHAFFEE COUNTY, Colo. — For the first time in the murder trial of Barry Morphew, lawyers openly discussed evidence related to his wife, Suzanne, who was reported missing from her Chaffee County home over Mother’s Day weekend in 2020.

Morphew stands accused of Suzanne’s murder and is currently in custody in Chaffee County and awaiting trial. His defense attorneys, Iris Eytan and Dru Neilsen, asked the judge Thursday for a bond and a lesser charge, but Judge Patrick Murphy denied both requests.

At the hearing Thursday, prosecutors and Morphew’s attorneys discussed some of the evidence that will be presented at trial, including data from a spy pen, laptops, iPhones, surveillance video, and an Amazon Kindle. There is so much evidence that Morphew’s attorneys say they are having a difficult time accessing it all.

Eytan and Neilsen said they haven’t seen all of the available evidence, though the judge ordered it to be handed over in June. Additionally, Eytan said their investigators made multiple attempts to look at the data from the hard drive given to them by the state, but kept getting an error message.

The prosecution argued they tried to help the defense fix the issues they were having with the technology. Senior District Attorney Jeff Lindsay said it wasn’t up to them to show the defense how to open each file.

<snip>

Eytan also reported having experienced issues with the cell phone data of the Morphews’ two daughters, Morphew, a witness nicknamed “MG phone”, and audio from a spy pen. She also claimed they never received 26 exhibits that Barry was given by the FBI in April, or surveillance footage and photos from a hotel.

Eytan said they have the original audio of the spy pen, which she said was very hard to hear, instead of the FBI-enhanced versions. Eytan said in one recording, Suzanne can be heard talking to a man on the phone, and noted there are other recorded messages from the same individual, which she said were extremely critical to the case.

 

[Error505]

I haven’t been here for awhile (and I’ve really missed you guys!) but I had to check in after the hearing today and see what it was all about and ya’ll do not disappoint! Thank you to everyone who provided play by play during the hearing and all the summaries and discussions afterwards.

I’m absolutely gobsmacked by the “spy pen” bombshell! And the amount of evidence and witnesses! But if there is an actual recording(s) of Suzanne herself speaking with someone who will be an important witness in the trial then that is an incredible turn of events. What in the world was going on in that marriage?! Physical abuse, domestic violence, infidelity, financial control, illegal business dealings, fraud, drug and/or alcohol abuse?? Combo of any or all of these things?? Something very nefarious if Suzanne resorted to that and thank goodness she did! They don’t have her remains YET but at least there will be a “smoking pen”!! Go Suzanne, smart lady!! I think she was going to divorce Barry and she was planning her escape.

I’m a bit confused as to whether Suzanne used this hidden device to record evidence of Barry doing something wrong or illegal or was she documenting some kind of abuse to someone? A friend, counselor or pastor? Or did Barry get the pen to spy on Suzanne? I am leaning much more towards Suzanne getting the spy pen after reading many of your comments. I agree that if Barry had used the spy pen on Suzanne then he would have gotten rid of it. I mean he’s not the brightest but he still managed to get rid of her body so why not a little spy pen if he knew about it. What if he didn’t even find out about the spy pen recording until now?! Can you imagine his reaction? Oh man I bet he needed to change his underwear! If they even give you underwear in prison?

Once the defense hears the enhanced recording and sees all the evidence could they then request a plea deal or is it too late? It’s interesting that his lawyer wanted a sanction reducing the charge to 2nd degree murder. Oh and she also asked for bail! Shoot for the stars I guess, why not?

It doesn’t sound like there was any mention of the AA today. But this trial is going to be epic! Justice has begun Suzanne and you will be speaking from the grave to help convict the man who brutally took your life and LIED to everyone including your daughters, the man who promised to love, honor & protect you. I’m so sorry it turned out this way.

Justice for Suzanne is coming!
Good to see you post, you’ve been missed! Excellent post!
@Lilypad13

 

[Ilovemy3boys]

Spy pen, surveillance video, cell phone data discussed in Barry Morphew hearing | FOX21 News Colorado

 

[Bignuts45]

Of course they would take the girls phones. They are part of the timeline.

 

[Tumbleweed]

I've had a terrible thought. What if someone was calling Suzanne to harrass/stalk her and BM bought her a spy pen to record the conversations, ostensibly to turn over to LE to file a complaint? A spy pen would be easy to carry around in case she got a call when she was out. This would explain why the defense thinks it's such a big deal and maybe explains why the prosecution didn't seem focused on it at all. The defense thinks this is what will get BM off - reasonable doubt (some other dude). Either BM lucked into that situation or he paid someone to do it, which could show premeditation. The FBI confronted the guy with the recordings, but maybe he had an alibi, so they're not focused on it. Of course, this is purely my imagination, but it may explain what we saw today regarding the tactics of the defense and prosecution. I don't know - am I crazy for thinking this? Ugh!

 

[Gigi3]

Spy pen, surveillance video, cell phone data discussed in Barry Morphew hearing | FOX21 News Colorado

CHAFFEE COUNTY, Colo. — For the first time in the murder trial of Barry Morphew, lawyers openly discussed evidence related to his wife, Suzanne, who was reported missing from her Chaffee County home over Mother’s Day weekend in 2020.

Morphew stands accused of Suzanne’s murder and is currently in custody in Chaffee County and awaiting trial. His defense attorneys, Iris Eytan and Dru Neilsen, asked the judge Thursday for a bond and a lesser charge, but Judge Patrick Murphy denied both requests.

At the hearing Thursday, prosecutors and Morphew’s attorneys discussed some of the evidence that will be presented at trial, including data from a spy pen, laptops, iPhones, surveillance video, and an Amazon Kindle. There is so much evidence that Morphew’s attorneys say they are having a difficult time accessing it all.

Eytan and Neilsen said they haven’t seen all of the available evidence, though the judge ordered it to be handed over in June. Additionally, Eytan said their investigators made multiple attempts to look at the data from the hard drive given to them by the state, but kept getting an error message.

The prosecution argued they tried to help the defense fix the issues they were having with the technology. Senior District Attorney Jeff Lindsay said it wasn’t up to them to show the defense how to open each file.

<snip>

Eytan also reported having experienced issues with the cell phone data of the Morphews’ two daughters, Morphew, a witness nicknamed “MG phone”, and audio from a spy pen. She also claimed they never received 26 exhibits that Barry was given by the FBI in April, or surveillance footage and photos from a hotel.

Eytan said they have the original audio of the spy pen, which she said was very hard to hear, instead of the FBI-enhanced versions. Eytan said in one recording, Suzanne can be heard talking to a man on the phone, and noted there are other recorded messages from the same individual, which she said were extremely critical to the case.

So, does this make it sound like the defense has heard the original spy pen recording and not the enhanced version? I wonder if this is the confusion about the prosecution not knowing?? Or did I completely not get this?? Lol

 

[MassGuy]

So, does this make it sound like the defense has heard the original spy pen recording and not the enhanced version? I wonder if this is the confusion about the prosecution not knowing?? Or did I completely not get this?? Lol

Yes, that’s what it sounds like. I do imagine they have a transcript of what the enhanced version said though.

 

[Cindizzi]

So, does this make it sound like the defense has heard the original spy pen recording and not the enhanced version? I wonder if this is the confusion about the prosecution not knowing?? Or did I completely not get this?? Lol

Yes. the Defense is saying they have not heard the enhanced version. The Judge asked if everyone agreed that an enhanced version does exist and the Prosecutor said “ Not to my personal knowledge…….But I’m not saying it doesn’t “. That’s when Defense said “ we know..and the Prosecution doesn’t know. And that’s a problem right now”. She is saying they are stalling . JMO

 

[NWLady]

And IIRC, after Kelsey's mom and I believe Kelsey's brother visited Kelsey's home and noted blood on the toilet and took pictures and sent them to LE. But yet it apparently was noticed on LE's previous search ( searches possibly). This is all IF I am remembering correctly and I admit that I could be wrong on this. JMO

Replying to my own post because I meant to say "but yet it apparently was NOT noticed on LE's previous search (searches). "

 

[Gigi3]

Yes. the Defense is saying they have not heard the enhanced version. The Judge asked if everyone agreed that an enhanced version does exist and the Prosecutor said “ Not to my personal knowledge…….But I’m not saying it doesn’t “. That’s when Defense said “ we know..and the Prosecution doesn’t know. And that’s a problem right now”. She is saying they are stalling . JMO

Thank you!

 

[NWLady]

Yes I felt the DA was a little unprepared today. They need to start bringing their A Game every stinking time to court, this isn’t dress rehearsal. Moo

I agree. I hope they are capable of prosecuting this case successfully. I'm beginning to have doubts (as others had previously mentioned earlier on in this case).

 

[Cindizzi]

I've had a terrible thought. What if someone was calling Suzanne to harrass/stalk her and BM bought her a spy pen to record the conversations, ostensibly to turn over to LE to file a complaint? A spy pen would be easy to carry around in case she got a call when she was out. This would explain why the defense thinks it's such a big deal and maybe explains why the prosecution didn't seem focused on it at all. The defense thinks this is what will get BM off - reasonable doubt (some other dude). Either BM lucked into that situation or he paid someone to do it, which could show premeditation. The FBI confronted the guy with the recordings, but maybe he had an alibi, so they're not focused on it. Of course, this is purely my imagination, but it may explain what we saw today regarding the tactics of the defense and prosecution. I don't know - am I crazy for thinking this? Ugh!

You’re not crazy. This spy pen has my head spinning. I hadn’t thought of the scenario you imagine, but I am thinking that the way the Defense said it was a very consequential witness and critical to the case… might mean critical to THEIR case as in something not flattering to SM or something to sow doubt.

 

[Gigi3]

You’re not crazy. This spy pen has my head spinning. I hadn’t thought of the scenario you imagine, but I am thinking that the way the Defense said it was a very consequential witness and critical to the case… might mean critical to THEIR case as in something not flattering to SM or something to sow doubt.

I wondered that too. Maybe they would say....see she was talking to other men. She could be anywhere

 

[NWLady]

I guess I'm the odd one out here. Why would they take the daughters' phones? And how would they even get probable cause to take them? Maybe this is some indication about why the judge is bending over backwards to protect them?

Possibly there's pictures, voicemails, texts and/or other data that was on them that was of utmost concern. (I'm purposely not adding call logs in my list because that's easily attainable from phone records). JMO/thoughts.

 

[Seattle1]

Eytan said they have the original audio of the spy pen, which she said was very hard to hear, instead of the FBI-enhanced versions. Eytan said in one recording, Suzanne can be heard talking to a man on the phone, and noted there are other recorded messages from the same individual, which she said were extremely critical to the case.

^^rs&bbm

I take exception to the reporter's statement that SM was talking to a man.

I also listened to the WebEx hearing today and my recollection (coming from defense attorney Iris Eytan) was that FBI played the recording for a man, and he had to wear headphones to listen to the FBI enhanced audio because of the quality of the recording which was poor, weak.

I further understood that there was only one recording on the spy pen that Suzanne recorded -- which was between her and another individual on the telephone, AND her listening to messages from this individual -- messages that are extremely critical to the case. MOO

 

[DizzyB]

^^rs&bbm

I take exception to the reporter's statement that SM was talking to a man.

I also listened to the WebEx hearing today and my recollection (coming from defense attorney Iris Eytan) was that FBI played the recording for a man, and he had to wear headphones to listen to the FBI enhanced audio because of the quality of the recording which was poor, weak.

I further understood that there was only one recording on the spy pen that Suzanne recorded -- which was between her and another individual on the telephone, AND her listening to messages from this individual -- messages that are extremely critical to the case. MOO

That was what I got as well-I almost felt like the recording the defense received was an audio file of the man listening to the recording. I believe Eytan said something about hearing the man on it. A recording of a recording, instead of a copy of the file. But I could be totally wrong too.

 

[Tumbleweed]

You’re not crazy. This spy pen has my head spinning. I hadn’t thought of the scenario you imagine, but I am thinking that the way the Defense said it was a very consequential witness and critical to the case… might mean critical to THEIR case as in something not flattering to SM or something to sow doubt.

Thank you Cindizzi. It's exactly what you say. It felt like the defense thought the recordings were critical to THEIR case.

 

[MassGuy]

If the evidence on the pen is important to the state’s case, it would in turn be very important to Barry’s team.

They would need a high quality copy in order to start planning their defense.

It seems like it’s an important piece here, as the FBI apparently allowed a major witness to listen to it.

 

[Seattle1]

At the May 27 Status Hearing - BM's defense argued that they wanted to see all emails/texts from law enforcement -- claiming they are witness statements. The prosecutor did not agree-- citing the request was not possible or feasible. The Judge said he wanted to research this matter and would make a decision on this at a later date

BM's defense also requested over 10,000 pages of police reports (Discovery) immediately. The prosecutor cited they had 21 days from the hearing date to hand it over but agreed to deliver the hard drive to the defense on Wednesday.

I believe the above may be some and/or part of the "housekeeping" matters that the defense wants to complain about on July 22.

MOO

Barry Morphew back in court for status conference | FOX21 News Colorado

On Tuesday, I speculated that today's hearing was probably going to be about the defense complaining about the volumes of discovery they received-- or didn't receive:

Listening to the hearing today on WebEx -- I made note of one thing to look for when we receive the AA -- specific to page 92.

From today's hearing, it seems that FBI met with BM on 4/5/21. During this hearing, they showed BM 26 Exhibits, placed them in front of him, and discussed them with BM.

No idea what these Exhibits are about until we can read page 92!

(i.e., Defense is looking for the 26 exhibit packets -- couldn't locate them in the discovery they received from the State).

 

[Boxer]

iDK hmm is This a tactic? A strategy? I think it is…

JMO

Jurors for the Fallis case said the DA was incompetent and prosecution its witnesses were not credible.
That was the achievement of Nielsen and Eyten.

DA needs to hire more help to get in front of the case.

That the defense tactic.
Sound like the DA is going to walk right into it.